Posted on 12/29/2006 10:07:41 PM PST by rawhide
Dec. 29, 2006 — In yet another moral blow to Durham County District Attorney Mike Nifong, the North Carolina Conference of District Attorneys called for the prosecutor to step down from the Duke lacrosse case.
The group, which represents district attorneys from across North Carolina, said in a statement that "it is in the interest of justice and the effective administration of criminal justice that Mr. Nifong immediately withdraw and recuse himself from the prosecution."
"It's extraordinarily unusual and it means a great deal," said Joshua Marquis, a district attorney in Clatsop County, Ore.
The district attorney group also called for the case to be reassigned and handed over to "another prosecutorial authority."
The statement was prompted by charges of ethics violations against Nifong filed Thursday by the North Carolina bar. Those allegations accuse Nifong of making inappropriate comments about the case in a series of press interviews early in the proceedings.
"As prosecutors, we do not try our cases in the media. We do not file charges frivolously," Marquis, who is active in the National District Attorneys Association, told ABC News.
"I do not know what the merit of the charges are, but Mr. Nifong has not brought respect to our profession," Marquis said. "Some of his actions have brought great disrepute on the profession of prosecution."
Under North Carolina state law, there is no rule requiring Nifong to recuse himself from the case, even though he has been charged with ethics violations. But Nifong's critics — including defense attorneys for the three indicted Duke lacrosse players — say Nifong should step down because the ethics charges create a glaring and unavoidable conflict of interest. A prosecutor, they argue, cannot make fair and independent decisions when he himself is in legal hot water.
"My opinion is that this crystallizes the conflict of interest," Thomas Metzloff, a member of the North Carolina bar and professor at Duke Law School, told ABC News.
No sooner than three months from now, Nifong will stand trial before a panel drawn from the bar's disciplinary hearing commission. If that panel finds Nifong guilty of misconduct, he would be subject to punishment ranging from private admonishment to disbarment.
Let's see:
1. I doubt this case lasts through next week. This is too big a problem for NC now.
2. Mangum was never going to testify. She did not really start this. She merely cried rape to get out of a tight spot. The Duke leftist and Nifong started this.
3. Nifong is so egotistical that will want to appear to drop this himself and not have the judge or whomever gets it next to drop the case. Of course he is also very stuborn. It will be interesting to see how these competing aspects of Nifong, ego v. stubornness, play out this coming week.
4. I have read that the NC AG is a Dim who might want to run for Senate or Governor. So I doubt he allows this case to be kicked up to him as it would be a lose lose situation for him.
5. I wonder if even Dims can publically hire Nifong after this?
Hiding behind paper hung over the windows of his office
If I say the word I am thinking, I will be banned...
Hint: starts with "P" and ends with "y"
You have the right word to decribe him.
I'll buy one vowel and a double "s"
:-)
Brady material?
Being a legal idiot, I have no clue what that would be.
Who is "we"?
I believe Brady is a case, so Brady material is exculpatory material that must be handed over according to federal case law. That is the exculpatory DNA evidence. Correct me if I am wrong mewzilla, I am not an attorney either.
"We" are the people who have regularly been on these threads since May or June. As I said the information you are wondering about is in the record.
Not so fast freepers - we haven't heard from the black panthers on this issue -- it ain't over till farrakhan says its over -- what a farce!!!!!
I don't actually work here.
Sorry to have interrupted your official bookkeeping.
"Nifong withheld Brady material, too. And to my mind that's an even bigger deal than the rest of it. Funny no-one seems to want to address that...."
Today's Time article says the NC bar will address that issue at its next meeting.
Judge Smith has to be majorly p.o.'d at Nifong for lying under oath, right to the judge's face, about there being no more DNA evidence. And then, Nifong tried to back that up with another lie at the next hearing. I think, by his own actions, Nifong assumed a pugilistic stance against Smith. I expect Smith to deliver the knock-out punch prior to the February court date. POW. Right in the kisser.
Wonder if the Nifong Express to Hell will take anyone else down.
I would imagine this has become a containment issue for more than a few corrupt souls in Durham. How to cut Mikey loose before he takes the ship down.
Who will be the sacrifical lamb?
If I was a parent of one of these boys and I had the financial resources (and yes, connections) I would not rest until every maggot in Durham paid for what they did to my son.
"Where were all these "concerned" DAs during the past 9 months?"
I think they had done all they could do without leaving themselves open for ethics complaints. They were probably begging the NC bar to hurry up and take action. Now that the bar has done so, they no longer feel the need to keep their mouths shut.
Full compliance with constitutionally required discovery under Brady v. Maryland (1963) 373 U.S. 83, must include a method of identifying and accessing possible Brady material in the possession of law enforcement. Therefore, in conjunction with SD 02-08, which sets forth office policy for handling Brady material known within the Office of the District Attorney, this policy addresses possible Brady material which may be in the possession of law enforcement. This policy fulfills prosecutorial obligations while protecting the statutory and privacy rights of police officers.
My educated guess is that it's going to be very ugly for Duke and Durham and few will be too sympathetic.
Imagine if your son didn't have the resources? Nifong is one scary character.
Thanks as usual for the ping--You're the best!
And it deals with exculpatory evidence.
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